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Will of William  Walton 1779-1807  -  My Great-Great-Great-Great Grandfather

Be sure to visit the GUYLOTT surname page for another branch of our Walton family

This is the last Will and Testament of me William Walton of Pinchbeck in the County of Lincoln Grocer and Draper First I give and devise unto Edward South of Pinchbeck aforesaid Gentleman and Isaac Grain of the same place Grazier all and every my mefsuages cottages lands tenements and hereditaments situate and being in Pinchbeck aforesaid and Gosberton or elsewhere in the County of Lincoln or Kingdom of Great Britain to hold the same with their and every of their appurtenances unto the said Edward South and Isaac Grain their heirs and assigns forever upon trust never thereto that they the said Edward South and Isaac grain or the survivor of them or the heirs of such survivor do and shall as soon as conveniently may be after my decease absolutely sell and dispose of all and singular my said mefsuages cottages lands tenements and hereditaments with the appurtenances either altogether or in parcels and by public sale or
private contract to any person or persons who shall be willing to purchase the same or any part thereof for the most money and best price that can or may be reasonably had or gotten for the same and I do hereby expressly declare that upon payment of the money to arise by such sale or sales as aforesaid it shall and may be lawful to and for the said Edward South and Isaac Grain or the survivor of them or the heirs or assigns of such survivor to give and sign one more receipt or receipts for such money or any part thereof which receipt or receipts shall be a good and sufficient discharge or discharges to any purchaser or purchasers of the said estates or any part thereof for so much money as in such receipt or receipts shall be aforesaid or acknowledged to be received and such purchaser or purchasers shall not afterwards be obliged to see to the applications of such purchase money nor be answerable or accountable for any loss misapplication or
nonapplication thereof or of any part thereof. And also I do hereby give and bequeath unto the said Edward South and Isaac Grain all and every my goods chattels stock in trade bills bonds notes monies securities for money personal estate and effects whatsoever upon trust that they my said trustees do and shall as soon as may be after my decease call in collect and receive the several sums of money due and owing to me and sell and convert into money the rest of my said estate and effects and after payment of the costs charges and expences attending the execution of the trusts hereby in them reposed with a reasonable allowance for their time and trouble and also of all my just debts funeral expences and the expences of proving this my will upon trust that they my said trustees or the survivor of them his Executors or Administrators do and shall put and place out the clear and net surplus of money to be raised levied and received by from
and out of my real and personal estates respectively at interest in their or his names or name and pay and apply the interest and produce to arrive therefrom unto my said wife Elizabeth Walton for and towards the maintenance and education of herself and the child or children I have or may have by her or which shall be born in due time after my decease and upon further trust as and when my said child or children shall attain his or her age or their respective ages of twenty one years, to pay an equal part or share of such principal money unto
each such child (dividing the same into as many parts or portions as my said child or children together with my said wife shall amount to in number) and in case I shall leave no child or children or leaving such if he she and they shall depart this life under the age of twenty one years then upon trust to pay the whole interest an annual produce of the principal money to be put out by them as aforesaid unto my said wife for and during the term of her natural life and from and immediately after her decease I give and bequeath the said principal money unto my brothers Hugh Walton and John Walton and Sister Sarah Walton share and share alike and do direct my said trustees to pay the
same to them accordingly and in case any child or children I may have as aforesaid shall survive my said wife and attain the age of twenty one years then I do give and bequeath the part or share of the said principal (the interest where of my said wife will be entitled) from and immediately after decease of my said wife unto such child or children to be equally divided between or amongst them if more than one and to be paid to him her or them when and as he she or they respectively shall attain the said age of twenty one years . And I do hereby
expressly declare that the said Edward South and Isaac Grain or either of them their or either of their heirs executors or administrators shall not be answerable or accountable for any more money than he or they shall actually receive or shall come to their hands by virtue of this my will nor for any loss that may happen in the execution of the trust hereby in them reposed unless such loss happen through their willful neglect or default nor shall either of them be answerable or accountable for the acts deeds receipts or disbursements of the other of them by each for his own separate acts deeds receipts and disbursements only And I do hereby appoint the said Edward Smith and Isaac Grain jointly with my said wife Elizabeth Walton guardians for my child or children during his her or their minority or minorities. And lastly I do hereby appoint the said Edward South and Isaac Grain Executors of this my will hereby declaring these presents to be my last will and testament and revoking all former wills by me at any time heretofore made. In Witness whereof I the said Testator William Walton have to this my last will and testament contained and written on two sheets of paper to the first sheet thereof set my hand and to this second and last sheet my hand and seal the twenty eighth day of January in the year of our Lord One Thousand eight hundred and seven. 

Sealed published and declared by the said testator William  and for his last will and testament in the presence of his presence at his request and in the presence of each other have subscribed our names as witnesses to the same. 

Billeth Guylott 
James Wilkins 
Octavius Jennings 

(note - William died approx. 8 months after writing this will

On the fifteenth day of March 1808 the within named Edward South and Isaac Grain were sworn upon the Holy Evangelist well and faithfully to administer the goods and chattels rights and credits of the within Testator William Walton deceased and that the said goods and chattels rights and credits did not amount in value in the whole to the form of one thousand pounds. 

Before me Maurice ???? DD Surr..... 

[NOTEfrom an economic historian in England:
The exchange rate of US$ to pounds in 1810 was $4.30=1 pound.
100 pounds in 1810 is the equivalent of 3604 pounds in 2000.
$100USD in 1810 is the equivalent of $1380USD in 2000.

----COPYRIGHT----- 
Lincolnshire Archives 
St. Rumbold Street 
Lincoln LN25AB 
-----COPYRIGHT----- 
No reproduction of this 
document is allowed 
without written permission 
from Lincolnshire Archives 
Document Ref. LCC Wills 
1808 / 247 

-----COPYRIGHT----- 

Disclaimer re: Copyright -- Thank you for your request to publish your transcription of a Lincoln Consistory Court will on your web page. You are welcome to publish your transcription, the copyright of which resides with you. The original, however, belongs to Lincoln Diocese and permission to reproduce a facsimile of the will produced by Lincolnshire Archives is not granted. -- dated 1/23/2001

Some definitions from the Oxford dictionary re: The signature of Maurice Johnson D.D. Surroga...

d.d. days after date · delayed delivery · Commerce delivered dock · demand draft · dono dedit (Latin: given as a gift) · dry dock · due date (or
day) · today’s date (Latin de dato)

surr. surrender · (or surro.) surrogate

surrogate n. 1 substitute. 2 deputy, esp. of a bishop in granting marriage licences.  surrogacy n. [Latin rogo ask]